Housing and Regeneration Bill

moved Amendment No. 110S: 110S: Clause 203, page 86, leave out line 20 and insert ““An individual is eligible for appointment only if the individual is”” The noble Lord said: This group contains four amendments to Clause 203. Three are government amendments, Amendments Nos. 110S, 110T and 110U, and one, Amendment No. 110SA, has been tabled by the noble Baroness, Lady Hamwee. The government amendments strengthen the statutory requirements for individuals conducting an inquiry into the affairs of a registered provider to be independent of the regulator. Noble Lords will know that statutory inquiries are undertaken when the regulator has serious concerns about the management of a landlord. The findings of the statutory inquiry can lead to the use of the regulator’s strongest intervention powers, including the transfer of a provider’s land. This power has been used on four occasions in recent years. It is therefore essential that the individuals conducting the inquiry are demonstrably independent of the regulator. At present, Clause 203 requires that at least one of the team conducting an inquiry is independent of the regulator. Individuals are independent if they and members of their family are not and have not been in the preceding five years members or employees of the regulator. Current Housing Corporation policy is that all members of the inquiry team should be independent of the regulator. Amendments Nos. 110S and 110T will put this policy in the Bill. Amendment No. 110U extends the definition of ““independent”” so that individuals working for the Housing Corporation on a consultancy basis are also excluded. This reflects a change in working practices since the legislation was drafted. It is now more common for organisations like the regulator to employ individuals on a short-term consultancy basis, and we believe that it is important that any potential conflicts of interest are explicitly ruled out. I am sure noble Lords will agree that this will strengthen the protections already present in the system. Perhaps I may say a few words about Amendment No. 110SA tabled by the noble Baroness—